Regaining possession of your property

Whatever the size of your property portfolio, dealing with a problematic tenant can be challenging.

Our nationally recognised team of solicitors can help you to follow the correct procedure to recover possession and move on as quickly as possible.

How can I regain possession of my property?
This will depend on what type of tenant they are. The type of tenant and the type of tenancy agreement will determine what notice needs to be given to commence possession proceedings. A legal notice is the first step in regaining possession.

It is important to serve the correct notice as an incorrect notice (for example, a notice on the wrong form or without the information that the law say must be included) can lead to the claim for possession being dismissed by a judge.

Once the notice has been correctly served and the relevant time period expired, if the tenants remain in the property, a claim for possession will need to be issued, and a court order for possession obtained to lawfully remove any tenants.

If they still remain after the expiry of the date for possession on the court order a Warrant for Eviction will need to be applied for and a bailiff instructed to lawfully remove the tenants.

How quickly can I regain possession of my property?
This again will depend on the type of tenancy agreement they hold and the reason for ending the tenancy. There are different rules, notices and notice periods according to the tenancy circumstances.

How much will it cost to remove my tenants?
We offer a fixed fee package which we will agree with you in advance. The fee depends upon the reason for ending the tenancy and the steps that we need to take.

Can I just change the locks?
No. To lawfully remove a tenant a court order for possession needs to be obtained and the date for possession expired before applying for a warrant for eviction. If granted a bailiff from the court will then attend the property and lawfully remove the tenant.

Do I have to pay for the property to be repaired?
This depends upon the repairs required. Generally speaking, as a landlord you are responsible for repairs to the structure and exterior of the property, sinks, baths and sanitary installations within the property. You are also responsible for boilers and heating within the property. It is wise to inspect the property and ensure any repairs are carried out promptly.

Can I claim back the outstanding rent arrears and obtain possession?
Yes, by applying for possession on the grounds of breach of tenancy you can ask the court to make an order for possession together with requesting Judgment be awarded in your favour for the outstanding arrears.

Can you act for me if my property is outside the North East?
Yes! We are often instructed by landlords from outside our local area as there is no need to instruct a local solicitor. Clients appreciate our fixed fee services and our national reputation for achieving good results. Our team was recognised in the Legal 500 independent directory for the services we provide.

How do I start my claim?
Contact us on 0191 243 8147. We can see you face to face in our Newcastle or South Shields offices, or else we can arrange a telephone or Skype appointment at a time to suit you. We can also provide advice by email.